Democratic legislator, charged with drunken driving and assault, can't have contact with his wife and children. She has filed for divorce.

August 16, 2012|By Kevin Amerman and Nicole Radzievich", Of The Morning Call

A day after being arrested and charged with beating his wife and driving away drunk, state Rep. Joseph Brennan on Thursday was ordered by a judge to stay away from his wife and children.

Lehigh County Judge William E. Ford approved Norma Jane Brennan's temporary protection-from-abuse order, evicting Joseph Brennan from the Fountain Hill home where he has lived with his wife since July 2005.

Norma Jane Brennan, 38, who filed for divorce in June after 10 years of marriage, said in court documents that her marriage is "irretrievably broken" and her husband had "not been abusive in the past."

But she said that changed Wednesday afternoon.

"He assaulted me on the front porch of the house. He choked me with both hands around my neck. He punched me in the lips on the left side," she writes in the request for protection. "He pushed and wrestled me to the floor of the porch."

She said she did not seek medical attention, but she did call police. State police from Fogelsville and officers from Fountain Hill and Salisbury Township responded and arrested Joseph Brennan, 48, a short time later near the Fountain Hill Little League field.

The Democratic lawmaker was charged with assault and drunken driving and released Wednesday night on $7,500 bail.

Norma Jane Brennan sought, and was granted, a no-contact order. She was also granted temporary custody of the couple's 5- and 7-year-old sons and said she wants her husband to have no contact with the children either.

The temporary protection order will last at least until Thursday, when a hearing is scheduled on the matter.

Joseph Brennan could not be reached for comment.

The spokesman for the House Democratic Caucus called the criminal charges against Brennan "serious" but declined to comment about political ramifications until the investigation is complete.

"These charges are serious, and we're sorry to hear about them," Bill Patton said Thursday morning.

Brennan's arrest came a year after he was charged with drunken driving in Bethlehem and admitted into a first-time offenders program. A day after that arrest, Brennan issued a statement acknowledging "a long struggle with alcohol" and saying he "deeply regretted" his actions.

Wednesday's arrest happened after police went to Brennan's home at 1201 Delaware Ave. on a report of a man hitting a woman. When they arrived, Brennan's wife had visible injuries to her left hand, knuckles, both feet and her left knee, according to the police arrest affidavit.

She told police that her husband grabbed her by the neck, choked her with both hands, slapped and punched her in the face and wrestled her to the floor of their front porch, the affidavit says.

Police arrested Joseph Brennan near the baseball field, and a preliminary breath test showed he had a blood-alcohol content of 0.20 percent, or more than twice the legal limit.

The drunken-driving charge alone could bring mandatory jail time if that 0.20 percent blood-alcohol content holds up in court.

Lehigh County Chief Deputy District Attorney A. Renee Smith, who did not specifically speak about Brennan's case, said the minimum sentence for that crime is 90 days and a maximum of five years. It also includes an 18-month loss of a driver's license and a $1,500 fine. A judge can replace incarceration with a longer term of house arrest, she said.

A judge would take into consideration criminal history and the circumstances surrounding the charges when fashioning a sentence, she said.

Those in the local political community hesitated to comment on the political fallout in the heavily Democratic 133rd District, which includes parts of Lehigh and Northampton counties.

Brennan faces a challenge from Republican David Molony of Catasauqua. Molony could not be reached for comment.

"This bomb just dropped," said Walt Garvin, chairman of the Northampton County Democrats. "I don't have enough information to comment."

Rick Daugherty, chairman of the Lehigh County Democratic Committee, said he would wait to comment on the matter until Brennan and his wife, whom Daugherty called his friends, decide what they want to do about Brennan's re-election bid.

"My concern is for the family, that they get the help they need and privacy to work it out," Daugherty said. "Politics is secondary. It just happened, and I don't want to speculate. The police intervened. His wife and children are safe. They need time and we'll figure out the politics later."

Monday was the last day that candidates nominated in the primary could voluntarily withdraw their names from the ballot in November.

Ron Ruman, spokesman for the Pennsylvania Department of State, said someone would have to successfully petition a judge to issue a ruling to remove a name from the ballot at this point.

Brennan, a former Northampton County councilman, has represented the 133rd District since 2007.

Patton said Brennan's office will continue to be open for constituent services.